Petition calling for bail reform launched in wake of fatal crash

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This article was published 20/02/2025 (229 days ago), so information in it may no longer be current.

Calls for bail reform are mounting in the wake of a fatal collision that killed a Portage la Prairie woman last month, but a legal expert says federal legislation is not the best way to deal with repeat offenders.

Tory MLA Jeff Bereza, who represents Portage, launched a petition Wednesday demanding the NDP government strengthen warrant enforcement, increase bail supervision and oppose the release of accused persons in the interest of public safety.

The document calls on the province to lobby the federal government to repeal provisions of the Criminal Code that “allow for the continued victimization of law-abiding Manitobans while granting repeat offenders additional rights.”

The petition was prompted by the death of Kellie Verwey, 28, on Jan. 15 in a collision on Highway 26, east of Portage. James Lorne Hilton, 24, is accused of being impaired behind the wheel of a stolen pickup truck that veered into oncoming traffic and caused the fatal accident.

Police had issued a warrant for Hilton’s arrest days earlier because he had repeatedly violated release conditions imposed due to previous offences.

“The tragedy of Kellie’s death is that it could have been prevented,” Bereza said in a phone interview. “This could be anybody’s family member here, and we need to take immediate action.”

Portage—Lisgar Tory MP Branden Leslie was already collecting signatures for a similar call to action at the federal level. He wrote a letter to Justice Minister Arif Virani demanding bail legislation be reformed.

Portage Mayor Sharilyn Knox also wrote to Virani, Premier Wab Kinew and provincial Justice Minister Matt Wiebe after the tragedy.

Wiebe responded with his own letter to Virani on Feb. 13, speaking on behalf of the province and the Association of Manitoba Municipalities.

“We are writing to urge the federal government to enhance its bail reform efforts,” the letter said.

“Manitoba has consistently voiced concerns about the impact of repeat and violent offenders on public safety and how this undermines confidence in the justice system.”

Wiebe asked the federal government to reassess Bill C-48 and “implement additional legislative amendments as needed.”

The Liberals introduced the bill in 2023 as an amendment to the Criminal Act to expand the use of reverse onus for repeat violent offenders. The accused would have to convince a judge why they should get bail versus a prosecutor arguing why an accused should be held in custody.

Wiebe asked for funds to improve the ability of provincial and territorial governments to collect and report bail data.

Verwey’s family has endorsed the calls for reform.

“I’m just happy that there are people in power who are trying to do something. Those are the people who can make change,” said Travis Lundy, who was engaged to marry Verwey in June.

“Even if we can save one family from having to go through this, I am happy. Nobody should ever have to go through this.”

Lundy said the grief has been overwhelming.

“You think you’re OK some days and then the next moment you go to do something and it’s like I can’t function or move. A memory hits, or something that reminds you of Kel, and you’re just crippled,” he said.

Brandon Trask, an assistant law professor at the University of Manitoba, explained that bail enforcement — not bail reform — is likely the most effective way of cracking down on repeat offenders.

The Criminal Code already prioritizes the consideration of public safety within its bail conditions. The interpretation and implementation of those conditions are established through legal precedent, Trask said.

Two Supreme Court decisions (R v. Antic in 2017 and R. v. Zora in 2020) were essentially “a hard reset” for Canada’s bail system.

The decisions prioritized constitutional rights and the presumption of innocence when determining whether an accused person should receive bail.

“The majority of people being detained were essentially waiting for a trial date or otherwise a resolution of their criminal charges, which is arguably not a hallmark of democracy,” Trask said.

“Unless the Supreme Court does essentially a 180 from its original approach, there is limited room for the federal government to make changes that would actually survive a constitutional challenge.”

The government would be required to use the notwithstanding clause to overrule the charter rights of an accused. Trask warned such a measure has never been taken on the federal level, and could open the door to inadvertent government overreach.

“We have some significant issues to address within our criminal justice system, period,” Trask said. “(But) that’s the parliamentary equivalent to saying, ‘The gloves are off.’”

The law professor said governments must bolster bail enforcement strategies, which are within provincial control.

Manitoba has taken steps, including increasing municipal law enforcement funding by 28 per cent in the 2024 budget and earmarking roughly $3 million for an ankle-monitoring program for accused released on bail.

In November, the province pledged the program would expand from Winnipeg to 20 rural communities — including Portage.

As of Feb. 15, Manitoba Justice had 63 ankle monitors in use. A provincial spokesperson confirmed the program has “expanded beyond Winnipeg,” but did not give details.

In a statement to the Free Press, Wiebe reaffirmed public safety remains a “top priority for our government.”

tyler.searle@freepress.mb.ca